1.1A bill for an act1.2relating to state government; appropriating money for public safety and 1.3corrections initiatives, courts, public defenders, Board on Judicial Standards, and 1.4Uniform Laws Commission; creating grant programs; adding new judgeships; 1.5correcting an unintentional repeal and resuming the payment of certain bail 1.6proceeds to the municipalities and subdivisions of government in Hennepin 1.7County;amending Minnesota Statutes 2006, sections 2.722, subdivision 1; 1.8297I.06, subdivision 3; 363A.06, subdivision 1; 403.11, subdivision 1; 403.31, 1.9subdivision 1; 609.3457, subdivision 4; 609.52, subdivision 3; 609.535, 1.10subdivision 2a; 609.595, subdivisions 1, 2; proposing coding for new law in 1.11Minnesota Statutes, chapters 241; 484; 626; repealing Minnesota Statutes 2006, 1.12section 403.31, subdivision 6.1.13BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:1.14ARTICLE 11.15PUBLIC SAFETY APPROPRIATIONS

1.16Section 1.  SUMMARY OF APPROPRIATIONS.

1.17    The amounts shown in this section summarize direct appropriations, by fund, made 1.18in this article.

1.1920082009Total1.20General$ 546,816,000$ 561,921,000$1,108,737,0001.211.22State Government Special Revenue55,688,00050,392,000106,080,0001.23Environmental Fund69,00071,000140,0001.24Special Revenue Fund 12,288,000 15,474,00027,762,0001.25Trunk Highway367,000374,000741,0001.26911 Revenue Bond Proceeds0186,000,000186,000,0001.27Total$ 615,228,000$ 814,232,000$1,429,460,000

1.28Sec. 2. PUBLIC SAFETY APPROPRIATIONS.

2.1    (a) General. The sums shown in the columns marked "Appropriations" are 2.2appropriated to the agencies and for the purposes specified in this article. The 2.3appropriations are from the general fund, or another named fund, and are available for the 2.4fiscal years indicated for each purpose. The figures "2008" and "2009" used in this article 2.5mean that the appropriations listed under them are available for the fiscal year ending June 2.630, 2008, or June 30, 2009, respectively. "The first year" is fiscal year 2008. "The second 2.7year" is fiscal year 2009. "The biennium" is fiscal years 2008 and 2009. Appropriations 2.8for the fiscal year ending June 30, 2007, are effective the day following final enactment.2.9(b) Compensation. These appropriations, and any statutory appropriations from 2.10which state employee compensation is paid from any fund, include an amount sufficient to 2.11fund compensation increases of at least 3.25 percent of the 2007 compensation base for 2.12the first year, compounded at the rate of 3.25 percent for the second year. This amount 2.13must be used for that purpose and no other.

2.14APPROPRIATIONS2.15Available for the Year2.16Ending June 302.1720082009

2.18Sec. 3. PUBLIC SAFETY

2.19Subdivision 1.Total Appropriation$ 147,356,000$333,443,000

2.20Appropriations by Fund2.21200820092.22General84,407,00086,638,0002.23Special Revenue 6,825,000 9,968,0002.242.25State Government Special Revenue55,688,00050,392,0002.26Environmental69,00071,0002.27Trunk Highway367,000374,0002.28911 Revenue Bonds0186,000,000

2.29The amounts that may be spent for each 2.30purpose are specified in the following 2.31subdivisions.

2.32Subd. 2.Emergency Management2,614,0002,626,000

2.33Appropriations by Fund2.34General2,545,0002,555,0002.35Environmental69,00071,000

2.36Subd. 3.Criminal Apprehension42,625,00044,481,000

3.1Appropriations by Fund3.2General41,806,00043,639,0003.3Special Revenue445,000461,0003.43.5State Government Special Revenue7,0007,0003.6Trunk Highway367,000374,000

3.7Cooperative Investigation of 3.8Cross-Jurisdictional Criminal Activity.3.9$93,000 each year is appropriated from the 3.10Bureau of Criminal Apprehension account in 3.11the special revenue fund for grants to local 3.12officials for the cooperative investigation of 3.13cross-jurisdictional criminal activity. Any 3.14unencumbered balance remaining in the first 3.15year does not cancel but is available for the 3.16second year.3.17Laboratory Activities. $352,000 the first 3.18year and $368,000 the second year are 3.19appropriated from the Bureau of Criminal 3.20Apprehension account in the special revenue 3.21fund for laboratory activities.3.22DWI Lab Analysis. Notwithstanding 3.23Minnesota Statutes, section 161.20, 3.24subdivision 3, $367,000 the first year and 3.25$374,000 the second year are appropriated 3.26from the trunk highway fund for laboratory 3.27analysis related to driving-while-impaired 3.28cases.3.29Forensic Scientists. $1,018,000 the first 3.30year and $1,871,000 the second year are for 3.3120 new forensic scientists in the Bureau of 3.32Criminal Apprehension Forensic Science 3.33Laboratory.

3.34Subd. 4.Fire Marshal 6,230,0009,354,000

4.1This appropriation is from the fire safety 4.2account in the special revenue fund. 4.3Of this amount, $3,330,000 the first year and 4.4$6,300,000 the second year are for activities 4.5under Minnesota Statutes, section 299F.012.

4.6Subd. 5.Alcohol and Gambling Enforcement1,795,0001,845,000

4.7Appropriations by Fund4.8General1,645,0001,692,0004.9Special Revenue150,000153,000

4.10Subd. 6.Office of Justice Programs38,411,00038,752,000

4.11Gang and Drug Task Force. $600,000 the 4.12first year and $1,900,000 the second year are 4.13for grants to the Gang and Drug Task Force.4.14Victim Notification System. $225,000 4.15each year is for the continuation of the 4.16victim information and notification everyday 4.17(VINE) service.4.18Squad Car Cameras. $1,000,000 the 4.19first year is for grants to enable local law 4.20enforcement agencies to make squad car 4.21camera technology upgrades or acquisitions. 4.22Of this amount, $500,000 is for a onetime 4.23grant to the city of Minneapolis.4.24To be eligible for an acquisition grant, law 4.25enforcement agencies shall provide a 25 4.26percent match.4.27The base budget for these grants is $500,000 4.28in fiscal year 2010 and $500,000 in fiscal 4.29year 2011.4.30Peace Officer Overtime. $1,250,000 each 4.31year is for grants for peace officer overtime 4.32pay under Minnesota Statutes, section 4.33299A.62, subdivision 1, paragraph (b), clause 4.34(2). 5.1The commissioner shall award these grants 5.2as provided in Minnesota Statutes, section 5.3299A.62. However, the commissioner shall 5.4prioritize by awarding grants to assist law 5.5enforcement agencies with the greatest needs 5.6in terms of personnel demands and crime 5.7rates. This is a onetime appropriation.5.8Youth Intervention Programs. $500,000 5.9each year is for youth intervention programs 5.10under Minnesota Statutes, section 299A.73. 5.11The commissioner shall use this money to 5.12make grants to help existing programs serve 5.13unmet needs in their communities and to 5.14fund new programs in underserved areas of 5.15the state.5.16Crime Victim Support Grant. $175,000 5.17each year is for a grant to a nonprofit 5.18organization dedicated to providing 5.19immediate and long-term emotional support 5.20and practical help for the families and friends 5.21of individuals who have died by homicide, 5.22suicide, or accident. 5.23Sexual Violence. $192,000 the first year 5.24and $195,000 the second year are to increase 5.25funding for crime victim services grants to 5.26victims of sexual violence.5.27Domestic Violence. $193,000 the first year 5.28and $195,000 the second year are to increase 5.29funding for crime victim services grants for 5.30victims of domestic violence.5.31Administration Costs. Up to 2.5 percent 5.32of the grant funds appropriated in this 5.33subdivision may be used to administer the 5.34grant program.

5.35Subd. 7.911 Emergency Services/ARMER55,681,00050,385,000

6.1This appropriation is from the state 6.2government special revenue fund for 911 6.3emergency telecommunications services.6.4Public Safety Answering Points.6.5$13,664,000 each year is to be distributed 6.6as provided in Minnesota Statutes, section 6.7403.113, subdivision 2.6.8Medical Resource Communication 6.9Centers. $683,000 each year is for grants 6.10to the Minnesota Emergency Medical 6.11Services Regulatory Board for the Metro 6.12East and Metro West Medical Resource 6.13Communication Centers that were in 6.14operation before January 1, 2000.6.15ARMER Debt Service. $6,149,000 the 6.16first year and $11,853,000 the second year 6.17are to the commissioner of finance to pay 6.18debt service on revenue bonds issued under 6.19Minnesota Statutes, section 403.275.6.20Any portion of this appropriation not needed 6.21to pay debt service in a fiscal year may be 6.22used by the commissioner of public safety to 6.23pay cash for any of the capital improvements 6.24for which bond proceeds were appropriated 6.25by Laws 2005, chapter 136, article 1, section 6.269, subdivision 8; or in subdivision 8.6.27The base for this appropriation is $17,557,000 6.28in fiscal year 2010 and $23,261,000 in fiscal 6.29year 2011.6.30Metropolitan Council Debt Service.6.31$1,410,000 each year is to the commissioner 6.32of finance for payment to the Metropolitan 6.33Council for debt service on bonds issued 6.34under Minnesota Statutes, section 403.27.7.1ARMER Improvements. $1,000,000 each 7.2year is for the Statewide Radio Board for 7.3costs of design, construction, maintenance 7.4of, and improvements to those elements 7.5of the statewide public safety radio and 7.6communication system that support mutual 7.7aid communications and emergency medical 7.8services or provide interim enhancement of 7.9public safety communication interoperability 7.10in those areas of the state where the statewide 7.11public safety radio and communication 7.12system is not yet implemented.7.13ARMER Interoperability Planning.7.14$323,000 each year is to provide funding 7.15to coordinate and plan for communication 7.16interoperability between public safety 7.17entities.7.18ARMER State Backbone Operating Costs.7.19$3,110,000 each year is to the commissioner 7.20of transportation for costs of maintaining and 7.21operating the first and third phases of the 7.22statewide radio system backbone. The base 7.23for this appropriation is $5,060,000 in fiscal 7.24year 2010 and $5,060,000 in fiscal year 2011 7.25to provide funding to operate one additional 7.26phase of the system.7.27Zone Controller. $5,400,000 the first year 7.28is a onetime appropriation to upgrade zone 7.29controllers and network elements in phases 7.30one and two of the statewide radio system.7.31Advance Project Development. $3,750,000 7.32the first year is a onetime appropriation for 7.33site acquisition and site development work 7.34for the remaining phases of the statewide 7.35radio system. This appropriation is available 8.1until June 30, 2010. This appropriation is to 8.2the commissioner of public safety for transfer 8.3to the commissioner of transportation.8.4System Design. $1,850,000 the first year is a 8.5onetime appropriation to complete detailed 8.6design and planning of the remaining 8.7phases of the statewide radio system. 8.8The commissioner of public safety and 8.9the commissioner of transportation shall 8.10determine the scope of the study, after 8.11consulting with the Statewide Radio Board, 8.12the commissioner of administration, and the 8.13state chief information officer. The study 8.14must address the system design for the 8.15state backbone and implications for local 8.16coverage, how data can be integrated, and 8.17whether other public safety communication 8.18networks can be integrated with the state 8.19backbone. The study must estimate the 8.20full cost of completing the state backbone 8.21to specified standards, the cost of local 8.22subsystems, and the potential advantages 8.23of using a request for proposal approach 8.24to solicit private sector participation in the 8.25project. The study must include a financial 8.26analysis of whether the estimated revenue 8.27from increasing the 911 fee by up to 30 8.28cents will cover the estimated debt service 8.29of revenue bonds issued to finance the cost 8.30of completing the statewide radio system 8.31and a portion of the cost up to 50 percent 8.32for local subsystems. The study must also 8.33review the project organizational structure 8.34and governance.

8.35Subd. 8.ARMER Public Safety186,000,000

9.1Radio and Communication System. The 9.2appropriations in this subdivision are from 9.3the 911 revenue bond proceeds account 9.4for the purposes indicated, to be available 9.5until the project is completed or abandoned, 9.6subject to Minnesota Statutes, section 9.716A.642.9.8The appropriations are to the commissioner 9.9of public safety for transfer to the 9.10commissioner of transportation to construct 9.11the system backbone of the public safety 9.12radio and communication system plan under 9.13Minnesota Statutes, section 403.36.9.14$62,000,000 of this appropriation is for 9.15the second year. $62,000,000 of this 9.16appropriation is available on or after July 1, 9.172009. $62,000,000 of this appropriation is 9.18available on or after July 1, 2010.9.19The commissioner of public safety and the 9.20commissioner of transportation shall certify 9.21to the chairs of the house Public Safety 9.22Finance Division of the Finance Committee 9.23and the senate Public Safety Budget Division 9.24of the Finance Committee that the detailed 9.25design has been completed and that the 9.26financial analysis finds that sufficient revenue 9.27will be generated by proposed changes in the 9.28911 fee to cover all estimated debt service 9.29on revenue bonds proposed to be issued to 9.30complete the system before the appropriation 9.31is made available. The commissioner of 9.32finance shall not approve any fee increase 9.33under Minnesota Statutes, section 403.11, 9.34subdivision 1, paragraph (c), until this 9.35certification is made.10.1Bond Sale Authorization. To provide the 10.2money appropriated in this subdivision, 10.3the commissioner of finance shall sell and 10.4issue bonds of the state in an amount up to 10.5$186,000,000 in the manner, upon the terms, 10.6and with the effect prescribed by Minnesota 10.7Statutes, section 403.275.

10.810.9Sec. 4. PEACE OFFICER STANDARDS AND TRAINING (POST) BOARD$4,573,000$4,616,000

10.10Excess Amounts Transferred. This 10.11appropriation is from the peace officer 10.12training account in the special revenue fund. 10.13Any new receipts credited to that account in 10.14the first year in excess of $4,573,000 must be 10.15transferred and credited to the general fund. 10.16Any new receipts credited to that account in 10.17the second year in excess of $4,616,000 must 10.18be transferred and credited to the general 10.19fund.10.20Peace Officer Training Reimbursements.10.21$3,234,000 the first year and $3,242,000 10.22the second year are for reimbursements to 10.23local governments for peace officer training 10.24costs. Of these amounts, the board may use 10.25up to $50,000 the first year to  comply with 10.26Minnesota Statutes, section 626.8444.

10.2710.28Sec. 5. BOARD OF PRIVATE DETECTIVES AND PROTECTIVE AGENT SERVICES$129,000$133,000

10.29Sec. 6. HUMAN RIGHTS$4,993,000$3,749,000

10.30Management Information System.10.31$1,403,000 the first year and $55,000 the 10.32second year are for the replacement of 10.33the department's tracking and compliance 11.1databases with a management information 11.2system.

11.3Sec. 7. DEPARTMENT OF CORRECTIONS

11.4Subdivision 1.Total Appropriation$ 457,472,000$471,680,000

11.5Appropriations by Fund11.62008200911.7General 456,582,000470,790,00011.8Special Revenue890,000890,000

11.9The amounts that may be spent for each 11.10purpose are specified in the following 11.11subdivisions.

11.12Subd. 2.Correctional Institutions 321,881,000334,406,000

11.13Appropriations by Fund11.14General 321,301,000333,826,00011.15Special Revenue580,000580,000

11.16Contracts for Beds at Rush City. If the 11.17commissioner contracts with other states, 11.18local units of government, or the federal 11.19government to rent beds in the Rush City 11.20Correctional Facility, the commissioner shall 11.21charge a per diem under the contract, to the 11.22extent possible, that is equal to or greater 11.23than the per diem cost of housing Minnesota 11.24inmates in the facility.11.25Notwithstanding any law to the contrary, the 11.26commissioner may use per diems collected 11.27under contracts for beds at MCF-Rush City 11.28to operate the state correctional system.11.29Offender Reentry Services. $400,000 11.30each year is for increased funding for 11.31expansion of offender reentry services in the 11.32institutions and staffing for the Department 11.33of Corrections MCORP program.

11.34Subd. 3.Community Services 118,046,000119,287,000

12.1Appropriations by Fund12.2General 117,946,000119,187,00012.3Special Revenue100,000100,000

12.4ISR Agents, Challenge Incarceration 12.5Program. $600,000 the first year and 12.6$1,000,000 the second year are for intensive 12.7supervised release agents for the challenge 12.8incarceration program.12.9ISR Agents, Conditional Release Program.12.10$300,000 each year is for intensive supervised 12.11release agents for the conditional release 12.12program. This is a onetime appropriation.12.13Sex Offenders, Civil Commitment and 12.14Tracking. $200,000 each year is to fund a 12.15legal representative for civil commitments 12.16and to manage and track sex offenders.12.17Probation Supervision, CCA System.12.18$2,800,000 each year is added to the 12.19Community Corrections Act subsidy, 12.20Minnesota Statutes, section 401.14.12.21Probation Supervision, CPO System.12.22$600,000 each year is added to the county 12.23probation officers reimbursement base.12.24Probation Supervision, DOC System.12.25$600,000 each year is for the Department of 12.26Corrections probation and supervised release 12.27unit.12.28Sex Offender Management and Treatment.12.29$1,000,000 each year is for adult felon and 12.30juvenile sex offender management to be 12.31distributed statewide by the Community 12.32Corrections Act formula under Minnesota 12.33Statutes, section 401.10, and to increase 13.1funding for providing treatment for sex 13.2offenders on community supervision.13.3Sex Offender Assessments. $75,000 each 13.4year is to increase funding to reimburse 13.5counties or their designees, or courts, for 13.6sex offender assessments under Minnesota 13.7Statutes, section 609.3457.13.8Sentencing to Service. $300,000 each 13.9year is to increase funding for sentencing 13.10to service activities such as highway litter 13.11cleanup.13.12Short-term Offenders. $2,500,000 each 13.13year is to increase funding for the costs 13.14associated with the housing and care of 13.15short-term offenders. The commissioner may 13.16use up to 20 percent of the total amount of the 13.17appropriation for inpatient medical care for 13.18short-term offenders. All funds remaining at 13.19the end of the fiscal year not expended for 13.20inpatient medical care must be added to and 13.21distributed with the housing funds. These 13.22funds must be distributed proportionately 13.23based on the total number of days short-term 13.24offenders are placed locally, not to exceed 13.25$70 per day.13.26The department is exempt from the state 13.27contracting process for the purposes of 13.28paying short-term offender costs relating to 13.29Minnesota Statutes, section 609.105.13.30Offender Reentry Service. $950,000 each 13.31year is for offender job-seeking services, 13.32evidence-based research, expansion of 13.33reentry services specific to juveniles, 13.34and funding to local units of government 14.1participating in MCORP to provide reentry 14.2programming to offenders.14.3Offender Reentry Grants. $650,000 each 14.4year is for grants to nonprofit organizations 14.5to provide reentry services to offenders being 14.6released from incarceration.14.7Employment Services for Ex-offenders.14.8$238,000 the first year and $237,000 the 14.9second year are for grants to a nonprofit 14.10organization to establish a pilot project to 14.11provide employment services to ex-criminal 14.12offenders living in the North Minneapolis 14.13community. The pilot project must 14.14provide the ex-offender participants with 14.15a continuum of employment services that 14.16identifies their needs; intervenes with 14.17them through case management if they 14.18are struggling; and provides them with 14.19work readiness, skill training, chemical and 14.20mental health referrals, housing support, 14.21job placement, work experience, and job 14.22retention support. The pilot project shall 14.23work with community corrections officials, 14.24faith-based organizations, and businesses to 14.25create an array of support opportunities for 14.26the participants.14.27By January 15, 2010, the commissioner 14.28shall report to the chairs and ranking 14.29minority members of the senate and 14.30house of representatives committees and 14.31divisions having jurisdiction over criminal 14.32justice policy and funding on the activities 14.33conducted by the grant recipient and the 14.34effectiveness of the pilot project.15.1Mentoring Grants. $500,000 each year 15.2is for mentoring grants under Minnesota 15.3Statutes, section 241.90. The grant recipient 15.4shall collaborate with the parks and 15.5recreation departments of the cities of St. 15.6Paul and Minneapolis and may reimburse the 15.7departments for the use of their facilities by 15.8the grant recipient.

15.9Subd. 4.Operations Support 17,545,00017,987,000

15.10Appropriations by Fund15.11General 17,335,00017,777,00015.12Special Revenue210,000210,000

15.13Sec. 8. SENTENCING GUIDELINES$705,000$611,000

15.14Collateral Sanctions Committee. $100,000 15.15the first year is for the Collateral Sanctions 15.16Committee described in article 2, section 15.1713. This money must be used for staffing, 15.18conducting research, conducting public 15.19hearings, reimbursing committee members 15.20for reasonable expenses, and for the required 15.21report.15.22Changes to Grid for Controlled Substance 15.23Offenses. The commission shall propose 15.24changes to the sentencing guidelines 15.25grid for controlled substance offenses. 15.26The proposal must make presumptive 15.27sentences for controlled substance offenses 15.28proportional with similarly severe offenses 15.29in Minnesota and proportional with similar 15.30controlled substance offenses from the 15.31federal government and other states in the 15.32Upper Midwest, including Iowa, North 15.33Dakota, South Dakota, and Wisconsin. The 15.34commission shall include the proposed 15.35changes in its 2008 report to the legislature.16.1ARTICLE 216.2GENERAL PROVISIONS16.3    Section 1. [241.90] MENTORING GRANT FOR CHILDREN OF 16.4INCARCERATED PARENTS.16.5    Subdivision 1.Mentoring grant.The commissioner of corrections may award a 16.6grant to a nonprofit organization that is located in the greater Twin Cities area and provides 16.7one-to-one mentoring relationships to youth enrolled between the ages of seven to 13 16.8whose parent or other significant family member is incarcerated in a county workhouse, 16.9county jail, state prison, or other type of correctional facility or is subject to correctional 16.10supervision. The intent of the grant is to provide children with adult mentors to strengthen 16.11developmental outcomes, including enhanced self-confidence and esteem; improved 16.12academic performance; and improved relationships with peers, family, and other adults 16.13that may prevent them from entering the juvenile justice system.16.14    Subd. 2.Grant criteria.As a condition of receiving the grant, the grant recipient 16.15shall do the following:16.16    (1) collaborate with other organizations that have a demonstrated history of 16.17providing services to youth and families in disadvantaged situations; 16.18    (2) implement procedures to ensure that 100 percent of the mentors pose no safety 16.19risk to the child and have the skills to participate in a mentoring relationship;16.20    (3) provide enhanced training to mentors focusing on asset building and family 16.21dynamics when a parent is incarcerated; and 16.22    (4) provide an individual family plan and aftercare.16.23    Subd. 3.Program evaluation.The grant recipient shall submit an evaluation plan 16.24to the commissioner delineating the program and student outcome goals and activities 16.25implemented to achieve the stated outcomes. The goals must be clearly stated and 16.26measurable. The grant recipient shall collect, analyze, and report on participation and 16.27outcome data that enable the department to verify that the program goals were met.16.28EFFECTIVE DATE.This section is effective July 1, 2007.16.29    Sec. 2. Minnesota Statutes 2006, section 297I.06, subdivision 3, is amended to read:16.30    Subd. 3. Fire safety account, annual transfers, allocation. A special account, to 16.31be known as the fire safety account, is created in the state treasury. The account consists of 16.32the proceeds under subdivisions 1 and 2. $468,000 in fiscal year 2008 and $2,268,000 in 16.33each year thereafter is transferred from the fire safety account in the special revenue fund 17.1to the general fund to offset the loss of revenue caused by the repeal of the one-half of one 17.2percent tax on fire insurance premiums. The general fund base appropriation for the fire 17.3marshal program is reduced by $2,832,000 in fiscal year 2008 and each year thereafter. 17.4The base funding for the fire marshal program from the fire safety account in the special 17.5revenue fund shall be $2,832,000 in fiscal year 2008 and each year thereafter.17.6EFFECTIVE DATE.This section is effective July 1, 2007.17.7    Sec. 3. Minnesota Statutes 2006, section 363A.06, subdivision 1, is amended to read:17.8    Subdivision 1. Formulation of policies.(a) The commissioner shall formulate 17.9policies to effectuate the purposes of this chapter and shall do the following:17.10    (1) exercise leadership under the direction of the governor in the development of 17.11human rights policies and programs, and make recommendations to the governor and the 17.12legislature for their consideration and implementation;17.13    (2) establish and maintain a principal office in St. Paul, and any other necessary 17.14branch offices at any location within the state;17.15    (3) meet and function at any place within the state;17.16    (4) employ attorneys, clerks, and other employees and agents as the commissioner 17.17may deem necessary and prescribe their duties;17.18    (5) to the extent permitted by federal law and regulation, utilize the records of the 17.19Department of Employment and Economic Development of the state when necessary 17.20to effectuate the purposes of this chapter;17.21    (6) obtain upon request and utilize the services of all state governmental departments 17.22and agencies;17.23    (7) adopt suitable rules for effectuating the purposes of this chapter;17.24    (8) issue complaints, receive and investigate charges alleging unfair discriminatory 17.25practices, and determine whether or not probable cause exists for hearing;17.26    (9) subpoena witnesses, administer oaths, take testimony, and require the production 17.27for examination of any books or papers relative to any matter under investigation or in 17.28question as the commissioner deems appropriate to carry out the purposes of this chapter;17.29    (10) attempt, by means of education, conference, conciliation, and persuasion to 17.30eliminate unfair discriminatory practices as being contrary to the public policy of the state;17.31    (11) develop and conduct programs of formal and informal education designed to 17.32eliminate discrimination and intergroup conflict by use of educational techniques and 17.33programs the commissioner deems necessary;17.34    (12) make a written report of the activities of the commissioner to the governor 17.35each year;18.1    (13) accept gifts, bequests, grants, or other payments public and private to help 18.2finance the activities of the department;18.3    (14) create such local and statewide advisory committees as will in the 18.4commissioner's judgment aid in effectuating the purposes of the Department of Human 18.5Rights;18.6    (15) develop such programs as will aid in determining the compliance throughout 18.7the state with the provisions of this chapter, and in the furtherance of such duties, conduct 18.8research and study discriminatory practices based upon race, color, creed, religion, 18.9national origin, sex, age, disability, marital status, status with regard to public assistance, 18.10familial status, sexual orientation, or other factors and develop accurate data on the nature 18.11and extent of discrimination and other matters as they may affect housing, employment, 18.12public accommodations, schools, and other areas of public life;18.13    (16) develop and disseminate technical assistance to persons subject to the provisions 18.14of this chapter, and to agencies and officers of governmental and private agencies;18.15    (17) provide staff services to such advisory committees as may be created in aid of 18.16the functions of the Department of Human Rights;18.17    (18) make grants in aid to the extent that appropriations are made available for that 18.18purpose in aid of carrying out duties and responsibilities; and18.19    (19) cooperate and consult with the commissioner of labor and industry regarding 18.20the investigation of violations of, and resolution of complaints regarding section 
         363A.08, 18.21subdivision 7
         . 18.22    In performing these duties, the commissioner shall give priority to those duties in 18.23clauses (8), (9), and (10) and to the duties in section 
         363A.36. 18.24    (b) All gifts, bequests, grants, or other payments, public and private, accepted under 18.25paragraph (a), clause (13), must be deposited in the state treasury and credited to a special 18.26account. Money in the account is appropriated to the commissioner of human rights to 18.27help finance activities of the department.18.28EFFECTIVE DATE.This section is effective July 1, 2007.18.29    Sec. 4. Minnesota Statutes 2006, section 403.11, subdivision 1, is amended to read:18.30    Subdivision 1. Emergency telecommunications service fee; account. (a) Each 18.31customer of a wireless or wire-line switched or packet-based telecommunications service 18.32provider connected to the public switched telephone network that furnishes service capable 18.33of originating a 911 emergency telephone call is assessed a fee based upon the number 18.34of wired or wireless telephone lines, or their equivalent, to cover the costs of ongoing 18.35maintenance and related improvements for trunking and central office switching equipment 19.1for 911 emergency telecommunications service, to offset administrative and staffing costs 19.2of the commissioner related to managing the 911 emergency telecommunications service 19.3program, to make distributions provided for in section 
         403.113, and to offset the costs, 19.4including administrative and staffing costs, incurred by the State Patrol Division of the 19.5Department of Public Safety in handling 911 emergency calls made from wireless phones.19.6    (b) Money remaining in the 911 emergency telecommunications service account 19.7after all other obligations are paid must not cancel and is carried forward to subsequent 19.8years and may be appropriated from time to time to the commissioner to provide financial 19.9assistance to counties for the improvement of local emergency telecommunications 19.10services. The improvements may include providing access to 911 service for 19.11telecommunications service subscribers currently without access and upgrading existing 19.12911 service to include automatic number identification, local location identification, 19.13automatic location identification, and other improvements specified in revised county 19.14911 plans approved by the commissioner.19.15    (c) The fee may not be less than eight cents nor more than 65 cents a month until 19.16June 30, 2008, not less than eight cents nor more than 75 cents a month until June 30, 19.172009, not less than eight cents nor more than 85 cents a month until June 30, 2010, and 19.18not less than eight cents nor more than 95 cents a month on or after July 1, 2010, for 19.19each customer access line or other basic access service, including trunk equivalents as 19.20designated by the Public Utilities Commission for access charge purposes and including 19.21wireless telecommunications services. With the approval of the commissioner of finance, 19.22the commissioner of public safety shall establish the amount of the fee within the limits 19.23specified and inform the companies and carriers of the amount to be collected. When the 19.24revenue bonds authorized under section 
         403.27, subdivision 1, have been fully paid or 19.25defeased, the commissioner shall reduce the fee to reflect that debt service on the bonds is 19.26no longer needed. The commissioner shall provide companies and carriers a minimum of 19.2745 days' notice of each fee change. The fee must be the same for all customers.19.28    (d) The fee must be collected by each wireless or wire-line telecommunications 19.29service provider subject to the fee. Fees are payable to and must be submitted to the 19.30commissioner monthly before the 25th of each month following the month of collection, 19.31except that fees may be submitted quarterly if less than $250 a month is due, or annually if 19.32less than $25 a month is due. Receipts must be deposited in the state treasury and credited 19.33to a 911 emergency telecommunications service account in the special revenue fund. The 19.34money in the account may only be used for 911 telecommunications services.19.35    (e) This subdivision does not apply to customers of interexchange carriers.20.1    (f) The installation and recurring charges for integrating wireless 911 calls into 20.2enhanced 911 systems are eligible for payment by the commissioner if the 911 service 20.3provider is included in the statewide design plan and the charges are made pursuant to 20.4contract.20.5    (g) Competitive local exchanges carriers holding certificates of authority from the 20.6Public Utilities Commission are eligible to receive payment for recurring 911 services.20.7EFFECTIVE DATE.This section is effective July 1, 2007.20.8    Sec. 5. Minnesota Statutes 2006, section 403.31, subdivision 1, is amended to read:20.9    Subdivision 1. Allocation of operating costs.The current costs of the board 20.10in implementing the regionwide public safety radio communication plan system and 20.11the first and second phase systems shall be allocated among and paid by the following 20.12users, all in accordance with the regionwide public safety radio system communication 20.13plan adopted by the board:20.14    (1) the state of Minnesota for its operations using the system in the metropolitan 20.15counties;20.16    (2) all local government units using the system; and20.17    (3) other eligible users of the system. (a) The ongoing costs of the commissioner 20.18not otherwise appropriated in operating the statewide public safety radio communication 20.19system shall be allocated among and paid by the following users, all in accordance with 20.20the statewide public safety radio communication system plan under section 403.36:20.21    (1) the state of Minnesota for its operations using the system;20.22    (2) all local government units using the system; and20.23    (3) other eligible users of the system.20.24    (b) Each local government and other eligible users of the system shall pay to 20.25the commissioner all sums charged under this section, at the times and in the manner 20.26determined by the commissioner. The governing body of each local government shall 20.27take all action necessary to provide the money required for these payments and to make 20.28the payments when due.20.29EFFECTIVE DATE.This section is effective July 1, 2007.20.30    Sec. 6. Minnesota Statutes 2006, section 609.3457, subdivision 4, is amended to read:20.31    Subd. 4. Definition. As used in this section, "sex offense" means a violation 20.32of section 609.294; 609.322, subdivision 1; 609.324, subdivision 1;609.342; 
         609.343; 20.33609.344
         ; 
         609.345; 
         609.3451; 609.3453; 609.3455; 609.352; 609.365;609.746, subdivision 21.11
         ; 
         609.79; or617.23; 617.246; or 617.247; or another offense arising out of a charge 21.2based on one or more of those sections.21.3EFFECTIVE DATE.This section is effective July 1, 2007, and applies to crimes 21.4committed on or after that date.21.5    Sec. 7. Minnesota Statutes 2006, section 609.52, subdivision 3, is amended to read:21.6    Subd. 3. Sentence. Whoever commits theft may be sentenced as follows:21.7(1) to imprisonment for not more than 20 years or to payment of a fine of not more 21.8than $100,000, or both, if the property is a firearm, or the value of the property or services 21.9stolen is more than $35,000 and the conviction is for a violation of subdivision 2, clause 21.10(3), (4), (15), or (16); or21.11(2) to imprisonment for not more than ten years or to payment of a fine of not more 21.12than $20,000, or both, if the value of the property or services stolen exceeds $2,50021.13$5,000, or if the property stolen was an article representing a trade secret, an explosive or 21.14incendiary device, or a controlled substance listed in schedule I or II pursuant to section 21.15152.02
          with the exception of marijuana; or 21.16(3) to imprisonment for not more than five years or to payment of a fine of not more 21.17than $10,000, or both, if any of the following circumstances exist:21.18(a) the value of the property or services stolen is more than $500 $1,000 but not 21.19more than $2,500 $5,000; or21.20(b) the property stolen was a controlled substance listed in schedule III, IV, or V 21.21pursuant to section 
         152.02; or 21.22(c) the value of the property or services stolen is more than $250 $500 but not more 21.23than $500 $1,000 and the person has been convicted within the preceding five years for an 21.24offense under this section, section 
         256.98; 
         268.182; 
         609.24; 
         609.245; 
         609.53; 
         609.582, 21.25subdivision 1
         , 2, or 3; 
         609.625; 
         609.63; 
         609.631; or 
         609.821, or a statute from another 21.26state, the United States, or a foreign jurisdiction, in conformity with any of those sections, 21.27and the person received a felony or gross misdemeanor sentence for the offense, or a 21.28sentence that was stayed under section 
         609.135 if the offense to which a plea was entered 21.29would allow imposition of a felony or gross misdemeanor sentence; or 21.30(d) the value of the property or services stolen is not more than $500 $1,000, and 21.31any of the following circumstances exist:21.32(i) the property is taken from the person of another or from a corpse, or grave or 21.33coffin containing a corpse; or22.1(ii) the property is a record of a court or officer, or a writing, instrument or record 22.2kept, filed or deposited according to law with or in the keeping of any public officer or 22.3office; or22.4(iii) the property is taken from a burning, abandoned, or vacant building or upon its 22.5removal therefrom, or from an area of destruction caused by civil disaster, riot, bombing, 22.6or the proximity of battle; or22.7(iv) the property consists of public funds belonging to the state or to any political 22.8subdivision or agency thereof; or22.9(v) the property stolen is a motor vehicle; or22.10(4) to imprisonment for not more than one year or to payment of a fine of not more 22.11than $3,000, or both, if the value of the property or services stolen is more than $250 $50022.12but not more than $500 $1,000; or22.13(5) in all other cases where the value of the property or services stolen is $25022.14$500 or less, to imprisonment for not more than 90 days or to payment of a fine of not 22.15more than $1,000, or both, provided, however, in any prosecution under subdivision 2, 22.16clauses (1), (2), (3), (4), and (13), the value of the money or property or services received 22.17by the defendant in violation of any one or more of the above provisions within any 22.18six-month period may be aggregated and the defendant charged accordingly in applying 22.19the provisions of this subdivision; provided that when two or more offenses are committed 22.20by the same person in two or more counties, the accused may be prosecuted in any county 22.21in which one of the offenses was committed for all of the offenses aggregated under 22.22this paragraph.22.23EFFECTIVE DATE.This section is effective August 1, 2007, and applies to crimes 22.24committed on or after that date.22.25    Sec. 8. Minnesota Statutes 2006, section 609.535, subdivision 2a, is amended to read:22.26    Subd. 2a. Penalties. (a) A person who is convicted of issuing a dishonored check 22.27under subdivision 2 may be sentenced as follows:22.28(1) to imprisonment for not more than five years or to payment of a fine of not more 22.29than $10,000, or both, if the value of the dishonored check, or checks aggregated under 22.30paragraph (b), is more than $500 $1,000;22.31(2) to imprisonment for not more than one year or to payment of a fine of not more 22.32than $3,000, or both, if the value of the dishonored check, or checks aggregated under 22.33paragraph (b), is more than $250 $500 but not more than $500 $1,000; or23.1(3) to imprisonment for not more than 90 days or to payment of a fine of not more 23.2than $1,000, or both, if the value of the dishonored check, or checks aggregated under 23.3paragraph (b), is not more than $250 $500.23.4(b) In a prosecution under this subdivision, the value of dishonored checks issued 23.5by the defendant in violation of this subdivision within any six-month period may be 23.6aggregated and the defendant charged accordingly in applying this section. When two or 23.7more offenses are committed by the same person in two or more counties, the accused 23.8may be prosecuted in any county in which one of the dishonored checks was issued for all 23.9of the offenses aggregated under this paragraph.23.10EFFECTIVE DATE.This section is effective August 1, 2007, and applies to crimes 23.11committed on or after that date.23.12    Sec. 9. Minnesota Statutes 2006, section 609.595, subdivision 1, is amended to read:23.13    Subdivision 1. Criminal damage to property in the first degree. Whoever 23.14intentionally causes damage to physical property of another without the latter's consent 23.15may be sentenced to imprisonment for not more than five years or to payment of a fine of 23.16not more than $10,000, or both, if any of the following circumstances exist:23.17(1) the damage to the property caused a reasonably foreseeable risk of bodily 23.18harm; or23.19(2) the property damaged belongs to a common carrier and the damage impairs the 23.20service to the public rendered by the carrier; or23.21(3) the damage reduces the value of the property by more than $500 $1,000 measured 23.22by the cost of repair and replacement; or23.23(4) the damage reduces the value of the property by more than $250 $500 measured 23.24by the cost of repair and replacement and the defendant has been convicted within the 23.25preceding three years of an offense under this subdivision or subdivision 2.23.26In any prosecution under clause (3), the value of any property damaged by the 23.27defendant in violation of that clause within any six-month period may be aggregated and 23.28the defendant charged accordingly in applying the provisions of this section; provided that 23.29when two or more offenses are committed by the same person in two or more counties, the 23.30accused may be prosecuted in any county in which one of the offenses was committed for 23.31all of the offenses aggregated under this paragraph.23.32EFFECTIVE DATE.This section is effective August 1, 2007, and applies to crimes 23.33committed on or after that date.24.1    Sec. 10. Minnesota Statutes 2006, section 609.595, subdivision 2, is amended to read:24.2    Subd. 2. Criminal damage to property in the third degree. (a) Except as 24.3otherwise provided in subdivision 1a, whoever intentionally causes damage to another 24.4person's physical property without the other person's consent may be sentenced to 24.5imprisonment for not more than one year or to payment of a fine of not more than $3,000, 24.6or both, if the damage reduces the value of the property by more than $250 $500 but not 24.7more than $500 $1,000 as measured by the cost of repair and replacement.24.8(b) Whoever intentionally causes damage to another person's physical property 24.9without the other person's consent because of the property owner's or another's actual or 24.10perceived race, color, religion, sex, sexual orientation, disability as defined in section 24.11363A.03
         , age, or national origin may be sentenced to imprisonment for not more than one 24.12year or to payment of a fine of not more than $3,000, or both, if the damage reduces the 24.13value of the property by not more than $250 $500. 24.14(c) In any prosecution under paragraph (a), the value of property damaged by the 24.15defendant in violation of that paragraph within any six-month period may be aggregated 24.16and the defendant charged accordingly in applying this section. When two or more 24.17offenses are committed by the same person in two or more counties, the accused may 24.18be prosecuted in any county in which one of the offenses was committed for all of the 24.19offenses aggregated under this paragraph.24.20EFFECTIVE DATE.This section is effective August 1, 2007, and applies to crimes 24.21committed on or after that date.24.22    Sec. 11. [626.8444] DOMESTIC ABUSE IN-SERVICE TRAINING; MINIMUM 24.23REQUIREMENTS.24.24    (a) The board shall analyze the issuance and enforcement of domestic abuse no 24.25contact orders between July 1, 2006, and June 30, 2007. Taking into account this analysis, 24.26the board shall determine the items that, at a minimum, must be addressed in in-service 24.27training courses that instruct peace officers in issues relating to domestic abuse. At a 24.28minimum, the courses must provide instruction in the laws relating to domestic abuse no 24.29contact orders and address how best to coordinate law enforcement resources relating 24.30to them. 24.31    (b) Beginning on January 1, 2008, the board may not approve an in-service training 24.32course relating to domestic abuse that does not comply with this section.24.33EFFECTIVE DATE.This section is effective July 1, 2007.25.1    Sec. 12. STUDY ON AUTOMATICALLY SEALING ARREST RECORDS.25.2    Subdivision 1.Study.The Criminal and Juvenile Justice Information Policy Group 25.3described in Minnesota Statutes, section 299C.65, subdivision 1, shall study the issues 25.4involved with the automatic sealing of arrest records for persons who are not subsequently 25.5convicted of an offense related to the arrest and expungement of conviction records. The 25.6policy group shall use the following framework. The policy group shall assume that arrest 25.7records of individuals who are not subsequently convicted of an offense relating to the 25.8arrest should be automatically sealed. The policy group shall address issues related to 25.9implementing this concept under the framework below:25.10    (1) arrest data not leading to a referral for prosecution shall be sealed by the arresting 25.11law enforcement agency on the expiration of 180 days from the date of the arrest. The 25.12arresting agency shall also notify all other criminal justice agencies to which it has 25.13transmitted the data that the data in their possession shall be sealed;25.14    (2) upon a declination of charges or upon successful completion of a precharge 25.15diversion program, arrest and prosecution data shall thereafter be sealed. It shall be the 25.16responsibility of the prosecuting agency to seal the prosecution data pertaining to the 25.17action and to notify the superintendent of the Bureau of Criminal Apprehension, and the 25.18heads of all appropriate law enforcement agencies that the records related to the action 25.19shall be sealed;25.20    (3)(i) upon a favorable resolution as defined below all criminal justice agency and 25.21court records pertaining to the action shall thereafter be sealed. A favorable resolution 25.22means the following:25.23    (A) charges against a person were dismissed without a plea of guilt;25.24    (B) the person was acquitted;25.25    (C) charges against the person were dismissed pursuant to a continuance for 25.26dismissal or a stay of adjudication;25.27    (D) charges against the person were dismissed upon successful completion of a 25.28pretrial diversion program with or without a plea of guilt; and25.29    (E) upon the dismissal and discharge of proceedings against a person under 25.30Minnesota Statutes, section 152.18; and25.31    (ii) it shall be the responsibility of the clerk of courts to seal the judicial records 25.32pertaining to the action, and to notify the superintendent of the Bureau of Criminal 25.33Apprehension, the Department of Corrections, the prosecuting attorney, and the heads of 25.34all appropriate law enforcement agencies that the criminal justice agency records related 25.35to the action shall be sealed;26.1    (4) automatically sealed data shall be transmittable between criminal justice agencies 26.2and the courts. Sealed records shall be available to evaluate a prospective employee in a 26.3criminal justice agency;26.4    (5) data relating to arrests, charges, or convictions for the following crimes shall not 26.5be automatically sealed:26.6    (i) domestic abuse data, as defined in Minnesota Statutes, section 13.82, subdivision 26.75, and to court and prosecution data related to a domestic abuse charge;26.8    (ii) data for crime victims as defined in Minnesota Statutes, section 13.82, 26.9subdivision 13; and26.10    (iii) arrests or charges for crimes listed in Minnesota Statutes, section 364.09, 26.11paragraph (a), clauses (1) to (3); and26.12    (6) the provisions of an automatic sealing statute shall not affect or repeal Minnesota 26.13Statutes, chapter 609A, or Minnesota Statutes, section 299C.11.26.14The policy group shall review how other states address the sealing of arrest records and 26.15determine best practices in this area. The policy group may make recommendations on 26.16changes to the policy framework set out above that are deemed advisable, including 26.17compromise proposals. The policy group shall specifically address technical and 26.18institutional roadblocks, if any, to implement the framework set out above and propose 26.19solutions to these roadblocks. In addition, the policy group shall estimate the state and 26.20local fiscal costs, if any, of automatically sealing these records.26.21    Subd. 2.Consultation.The policy group shall consult with and seek advice from 26.22the individuals associated with the background checks and expungements delivery team, 26.23the Collateral Consequences Committee, and the Council on Crime and Justice.26.24    Subd. 3.Definition.As used in this section, "arrest records" include all records 26.25relating to an arrest, including law enforcement, court, Bureau of Criminal Apprehension, 26.26and prosecution records.26.27    Subd. 4.Report.By January 15, 2008, the policy group shall report its findings and 26.28recommendations to the chairs and ranking minority members of the senate and house of 26.29representatives committees having jurisdiction over criminal justice policy. The report 26.30must include recommended statutory language to best implement the intent of the policy 26.31framework set out above, a summary of the practices of other states on the sealing of 26.32arrest records, and a finding on best practices in this area.26.33EFFECTIVE DATE.This section is effective the day following final enactment.26.34    Sec. 13. COLLATERAL SANCTIONS COMMITTEE.27.1    Subdivision 1.Establishment; duties.The Collateral Sanctions Committee shall 27.2study issues related to collateral sanctions. Specifically, the committee shall study how 27.3collateral sanctions are addressed in other states and determine best practices on this. 27.4In addition, the committee shall study issues relating to how criminal convictions and 27.5adjudications affect an individual's employment and professional licensing opportunities 27.6in Minnesota. The committee shall consider the policy implications of providing a 27.7process to allow individuals currently prohibited from certain types of employment or 27.8professional licensing because of a criminal record to seek a waiver. The committee shall 27.9make recommendations on changes in law and policy it deems appropriate in this area. 27.10By January 15, 2008, the committee shall report its findings and recommendations to the 27.11chairs and ranking minority members of the committees having jurisdiction over criminal 27.12justice policy in the senate and house of representatives.27.13    Subd. 2.Resources.The Sentencing Guidelines Commission shall provide technical 27.14and research assistance to the committee, with the assistance of the commissioner of 27.15public safety and the commissioner of corrections.27.16    Subd. 3.Membership.The committee consists of the following:27.17    (1) the executive director of the Sentencing Guidelines Commission, who shall serve 27.18as the committee's chair and convening authority;27.19    (2) the commissioner of public safety, or designee;27.20    (3) the commissioner of corrections, or designee;27.21    (4) the attorney general, or designee;27.22    (5) the state public defender, or designee;27.23    (6) a crime victim's advocate, appointed by the commissioner of public safety;27.24    (7) a county attorney, appointed by the Minnesota County Attorneys Association;27.25    (8) a city attorney, appointed by the League of Minnesota Cities;27.26    (9) a district court judge, appointed by the Judicial Council;27.27    (10) a private criminal defense attorney, appointed by the Minnesota Association of 27.28Criminal Defense Lawyers;27.29    (11) a probation officer, appointed by the Minnesota Association of County 27.30Probation Officers;27.31    (12) two peace officers, one appointed by the Minnesota Sheriffs' Association and 27.32the other appointed by the Minnesota Chiefs of Police Association;27.33    (13) two members with knowledge of housing issues, one of whom is a landlord and 27.34the other a tenant, appointed by the commissioner of public safety;27.35    (14) a member from the employment industry, appointed by the commissioner of 27.36public safety;28.1    (15) a member from a community crime prevention organization, appointed by the 28.2commissioner of public safety;28.3    (16) a member from a community of color, appointed by the commissioner of 28.4public safety;28.5    (17) a member who is an ex-criminal offender, appointed by the commissioner of 28.6public safety; and28.7    (18) a member from an agency that provides reentry services to offenders being 28.8released from incarceration, appointed by the commissioner of public safety.28.9    Subd. 4.Expenses; expiration.The provisions of Minnesota Statutes, section 28.1015.059, apply to the committee. The committee expires on January 15, 2008.28.11    Subd. 5.Definition.As used in this section, "collateral sanctions" has the meaning 28.12given in Minnesota Statutes, section 609B.050, subdivision 1.28.13EFFECTIVE DATE.This section is effective the day following final enactment.28.14    Sec. 14.  REPEALER.28.15Minnesota Statutes 2006, section 403.31, subdivision 6, is repealed.28.16EFFECTIVE DATE.This section is effective July 1, 2007.28.17ARTICLE 328.18JUDICIARY APPROPRIATIONS

28.19Section 1.  SUMMARY OF APPROPRIATIONS

28.20    The amounts shown in this section summarize direct appropriations, by fund, made 28.21in this article.

28.2220082009Total28.23General$ 372,821,000$ 389,073,000$761,894,000

28.24Sec. 2. JUDICIARY APPROPRIATIONS.

28.25(a) General

28.26    The sums shown in the columns marked "Appropriations" are appropriated to the 28.27agencies and for the purposes specified in this article. The appropriations are from the 28.28general fund, or another named fund, and are available for the fiscal years indicated 28.29for each purpose. The figures "2008" and "2009" used in this article mean that the 28.30appropriations listed under them are available for the fiscal year ending June 30, 2008, or 28.31June 30, 2009, respectively. "The first year" is fiscal year 2008. "The second year" is fiscal 29.1year 2009. "The biennium" is fiscal years 2008 and 2009. Appropriations for the fiscal 29.2year ending June 30, 2007, are effective the day following final enactment.

29.3(b) Compensation

29.4    These appropriations, and any statutory appropriations from which state employee 29.5compensation is paid from any fund, include an amount sufficient to fund compensation 29.6increases of at least 3.25 percent of the 2007 compensation base for the first year, 29.7compounded at the rate of 3.25 percent for the second year. This amount must be used for 29.8that purpose and no other. As used in this paragraph, "state employee" includes Supreme 29.9Court justices and Court of Appeals and district court judges.

29.10APPROPRIATIONS29.11Available for the Year29.12Ending June 3029.1320082009

29.14Sec. 3. SUPREME COURT

29.15Subdivision 1.Total Appropriation$ 44,494,000$45,584,000

29.16The amounts that may be spent for each 29.17purpose are specified in the following 29.18subdivisions.

29.19Subd. 2.Supreme Court operations 30,924,00032,014,000

29.20Contingent account. $5,000 each year is for 29.21a contingent account for expenses necessary 29.22for the normal operation of the court for 29.23which no other reimbursement is provided.29.24Maintain core justice operations. $467,000 29.25the first year and $932,000 the second year 29.26are to maintain core justice functions.

29.27Subd. 3.Civil legal services 13,570,00013,570,000

29.28Legal services to low-income clients in 29.29family law matters. Of this appropriation, 29.30$877,000 each year is to improve the 29.31access of low-income clients to legal 29.32representation in family law matters. This 29.33appropriation must be distributed under 29.34Minnesota Statutes, section 480.242, to 30.1the qualified legal services programs 30.2described in Minnesota Statutes, section 30.3480.242, subdivision 2, paragraph (a). Any 30.4unencumbered balance remaining in the first 30.5year does not cancel and is available in the 30.6second year.

30.7Sec. 4. COURT OF APPEALS$9,706,000$10,537,000

30.8Transfer authority. Notwithstanding 30.9Minnesota Statutes, section 16A.285, 30.10the Judicial Council may transfer amounts 30.11relating to maintaining core justice operations 30.12from the Supreme Court under section 3 and 30.13the trial courts under section 5 as necessary 30.14to pay for salary increases for judges of the 30.15Court of Appeals under this section.30.16Caseload increase. $1,285,000 the first 30.17year and $1,876,000 the second year are 30.18for caseload increases. This money must 30.19be used for three additional judge units, an 30.20additional staff attorney, 2.67 additional 30.21full-time equivalent law clerk positions, and 30.22for retired judges.

30.23Sec. 5. TRIAL COURTS$ 247,499,000$258,368,000

30.24Transfer authority. Notwithstanding 30.25Minnesota Statutes, section 16A.285, the 30.26Judicial Council may transfer amounts 30.27relating to the expansion of problem-solving 30.28courts and expanded resources for pro se 30.29litigants into the other items in this section.30.30Guardian ad litem services. $1,260,000 the 30.31first year and $1,629,000 the second year are 30.32for guardian ad litem services.31.1Interpreter services. $606,000 the first 31.2year and $777,000 the second year are for 31.3interpreter services.31.4Psychological services. $1,531,000 the first 31.5year and $2,151,000 the second year are for 31.6psychological services.31.7In forma pauperis services. $178,000 each 31.8year is for in forma pauperis services.31.9New judge units. $1,792,000 the first year 31.10and $3,241,000 the second year are for an 31.11increase in judge units, including one trial 31.12court judge unit in the First Judicial District, 31.13one trial court judge unit in the Third Judicial 31.14District, one trial court judge unit in the 31.15Seventh Judicial District, two trial court 31.16judge units in the Ninth Judicial District, 31.17and two trial court judge units in the Tenth 31.18Judicial District. These new judge units 31.19begin on January 1, 2008. Each judge unit 31.20consists of a judge, law clerk, and court 31.21reporter.31.22Maintain existing problem-solving courts.31.23$1,948,000 each year is to maintain existing 31.24problem-solving courts. Of this amount, 31.25$654,000 each year is for local justice partner 31.26grants.31.27Expansion of problem-solving courts.31.28$648,000 the first year and $649,000 31.29the second year are to establish new 31.30problem-solving courts. Of this amount, 31.31$388,000 each year is for local justice partner 31.32grants. 31.33Expanded resources for pro se litigants.31.34$311,000 each year is to expand resources 31.35for pro se litigants by providing a virtual 32.1self-help center on the state court Web site, 32.2public workstations in each courthouse for 32.3accessing the site, interactive software for 32.4completing forms, and telephone access to 32.5self-help staff.32.6Maintain core justice operations.32.7$1,471,000 the first year and $2,987,000 32.8the second year are to maintain core justice 32.9functions.

32.10Sec. 6. TAX COURT$796,000$828,000

32.11Sec. 7. UNIFORM LAWS COMMISSION$58,000$52,000

32.12Sec. 8. BOARD ON JUDICIAL STANDARDS$451,000$461,000

32.13Investigative and hearing costs. $125,000 32.14each year is for special investigative and 32.15hearing costs for major disciplinary actions 32.16undertaken by the board. This appropriation 32.17does not cancel. Any encumbered and 32.18unspent balances remain available for these 32.19expenditures in subsequent fiscal years.

32.20Sec. 9. BOARD OF PUBLIC DEFENSE$ 69,817,000$73,243,000

32.21Appellate office caseload increase.32.22$588,000 the first year and $572,000 the 32.23second year are for continuing operations 32.24of the appellate office. This money must 32.25be used for four attorney positions and 32.26one secretarial position. Of this amount, 32.27$200,000 each year is for transcript costs.32.28Shortfall. $1,884,000 the first year and 32.29$3,803,000 the second year are to address 32.30the board's district public defense shortfall. 32.31This money must be used for past personnel 32.32cost increases, filling vacation positions, 33.1mandated increases in the employer 33.2retirement contribution, and increased costs 33.3for rent, mileage, and overhead expenses for 33.4part-time public defenders.33.5District public defense caseload increase.33.6$3,391,000 the first year and $3,384,000 33.7the second year are for 34 new full-time 33.8equivalent attorneys and 11 new full-time 33.9equivalent support staff positions to address 33.10caseload increases.33.11Part-time public defenders; data entry.33.12$531,000 the first year and $522,000 the 33.13second year are for 11 data entry clerks 33.14for multicounty districts to assist part-time 33.15public defenders with opening and closing 33.16case files and entering time and case data into 33.17the board's record-keeping system.33.18Public defense corporations. $176,000 the 33.19first year and $223,000 the second year are 33.20for the public defense corporations.33.21    Sec. 10. Minnesota Statutes 2006, section 2.722, subdivision 1, is amended to read:33.22    Subdivision 1. Description. Effective July 1, 1959, the state is divided into ten 33.23judicial districts composed of the following named counties, respectively, in each of which 33.24districts judges shall be chosen as hereinafter specified:33.25    1. Goodhue, Dakota, Carver, Le Sueur, McLeod, Scott, and Sibley; 3334 judges; 33.26and four permanent chambers shall be maintained in Red Wing, Hastings, Shakopee, and 33.27Glencoe and one other shall be maintained at the place designated by the chief judge 33.28of the district;33.29    2. Ramsey; 26 judges;33.30    3. Wabasha, Winona, Houston, Rice, Olmsted, Dodge, Steele, Waseca, Freeborn, 33.31Mower, and Fillmore; 2324 judges; and permanent chambers shall be maintained in 33.32Faribault, Albert Lea, Austin, Rochester, and Winona;33.33    4. Hennepin; 60 judges;34.1    5. Blue Earth, Watonwan, Lyon, Redwood, Brown, Nicollet, Lincoln, Cottonwood, 34.2Murray, Nobles, Pipestone, Rock, Faribault, Martin, and Jackson; 16 judges; and 34.3permanent chambers shall be maintained in Marshall, Windom, Fairmont, New Ulm, 34.4and Mankato;34.5    6. Carlton, St. Louis, Lake, and Cook; 15 judges;34.6    7. Benton, Douglas, Mille Lacs, Morrison, Otter Tail, Stearns, Todd, Clay, Becker, 34.7and Wadena; 2728 judges; and permanent chambers shall be maintained in Moorhead, 34.8Fergus Falls, Little Falls, and St. Cloud;34.9    8. Chippewa, Kandiyohi, Lac qui Parle, Meeker, Renville, Swift, Yellow Medicine, 34.10Big Stone, Grant, Pope, Stevens, Traverse, and Wilkin; 11 judges; and permanent 34.11chambers shall be maintained in Morris, Montevideo, and Willmar;34.12    9. Norman, Polk, Marshall, Kittson, Red Lake, Roseau, Mahnomen, Pennington, 34.13Aitkin, Itasca, Crow Wing, Hubbard, Beltrami, Lake of the Woods, Clearwater, Cass and 34.14Koochiching; 2224 judges; and permanent chambers shall be maintained in Crookston, 34.15Thief River Falls, Bemidji, Brainerd, Grand Rapids, and International Falls; and34.16    10. Anoka, Isanti, Wright, Sherburne, Kanabec, Pine, Chisago, and Washington; 4334.1745 judges; and permanent chambers shall be maintained in Anoka, Stillwater, and other 34.18places designated by the chief judge of the district.34.19EFFECTIVE DATE.This section is effective January 1, 2008.34.20    Sec. 11. [484.843] ABANDONMENT OF NONFELONY BAIL; DISPOSITION 34.21OF FORFEITED SUMS; FOURTH JUDICIAL DISTRICT.34.22    Subdivision 1.Abandonment of deposits and bail.(a) Any bail deposited with the 34.23court administrator of the Fourth Judicial District on a nonfelony case and not forfeited by 34.24court order shall be deemed abandoned and forfeited if the person entitled to refund does 34.25not file a written demand for refund with the court administrator within six months from 34.26the date when the person became entitled to the refund.34.27    (b) Any judge may order any sums so forfeited under paragraph (a) to be reinstated 34.28for cause and the court administrator shall then refund accordingly. The receipting 34.29municipality or subdivision of government shall reimburse the court administrator if the 34.30court administrator refunds the deposit upon such an order and obtains a receipt to be 34.31used as a voucher.34.32    Subd. 2.Disposition of forfeited sums.All sums collected on any bail, bond, or 34.33recognizance forfeited by court order or under subdivision 1, paragraph (a), for the Fourth 34.34Judicial District on a nonfelony case shall be paid to Hennepin County to be applied to the 34.35support of the law library of the county. The receipt of the county treasurer to the court 35.1administrator shall be a sufficient voucher. When the sums so forfeited, minus refunds, 35.2during any calendar year equal $2,500, all sums in excess of that amount shall be paid 35.3to the municipality or subdivision of government in which the violation occurred. The 35.4payments shall be made periodically but not before six months from the date of the order 35.5for forfeiture. During that six-month period, but not thereafter, any judge may set aside 35.6the forfeiture order upon proper showing of cause. No obligation to pay sums so ordered 35.7forfeited exists unless the forfeiture is not set aside within the six-month period. For the 35.8purpose of determining when the $2,500 shall have accrued to the county law library, the 35.9final forfeiture shall be deemed to occur at the end of the six-month period.35.10EFFECTIVE DATE.This section is effective July 1, 2007.35.11    Sec. 12. JUDGES' SALARIES.35.12    (a) Effective July 1, 2007, and July 1, 2008, the salaries of justices of the Supreme 35.13Court, and judges of the Court of Appeals and district court are increased by five percent.35.14    (b) Effective July 1, 2009, and July 1, 2010, the salaries of justices of the Supreme 35.15Court, and judges of the Court of Appeals and district court are increased by the average of 35.16the percentage increase in total compensation for state employees provided in negotiated 35.17collective bargaining agreements, arbitration awards, or other pay plans for fiscal year 35.182010 and fiscal year 2011 approved by the Legislative Coordinating Commission before 35.19the 2009 regular legislative session. The commissioner of employee relations shall 35.20calculate the new salaries, which shall be based on all compensation increases, including 35.21general salary adjustments, merit-based increases, and any other benefit increase provided 35.22to state employees, except insurance.35.23    The commissioner shall calculate the new salaries, which must be expressed as 35.24percentages rounded to the nearest one-tenth of one percent, and shall report them to the 35.25governor and the chief justice of the Supreme Court.